Gulam Niazuddin vs Sirazuddin
2025 Latest Caselaw 3758 Chatt

Chattisgarh High Court

Gulam Niazuddin vs Sirazuddin on 28 August, 2025

                                                           1




        Digitally
        signed by
        RAVI
RAVI    SHANKAR


                                  HIGH COURT OF CHHATTISGARH AT BILASPUR
SHANKAR MANDAVI
MANDAVI Date:
        2025.08.28
        19:25:23
        +0530




                                                 SA No. 479 of 2025


                     1 - Gulam Niazuddin S/o Late Moinuddin Aged About 63 Years R/o
                     Village    Paterapali,   Tahsil   Bagbahra,     District     -   Mahasamund
                     Chhattisgarh
                                                                                ... Appellant


                                                       versus


                     1 - Sirazuddin S/o Late Shri B. Mobinuddin Aged About 61 Years
                     Near      Mobin   Mention    Khalsa       School,   Pandri       Road   Raipur
                     Chhattisgarh Present Address Sector-1, Devendra Nagar, Raipur
                     Tahsil And District - Raipur Chhattisgarh


                     2 - Santosh Bhandari S/o Shri Premchand Bhandari Aged About 58
                     Years R/o Mahalaxmi, Cloth Market, Shop No. 12, Pandri Raipur
                     District - Raipur Chhattisgarh


                     3 - Santpal Singh Bhatia S/o Shri Gulbir Singh Bhatia R/o Near
                     Rambhawan, In Front Of Ghasidas Sangrahalaya, Civil Line Raipur,
                     District - Raipur Chhattisgarh
                                                                                ... Respondent(s)

Order Sheet

28/08/2025 Mr. Satish Verma, Senior Advocate along with Mr. Manharan Sahu, learned counsel for the appellant.

Heard.

This appeal is admitted for hearing on the following substantial questions of law:-

"1. Whether finding recorded by the trial Court and upheld by the First Appellate Court that defendant No.1 is in illegal possession of suit land which was fallen in the share of father of plaintiff is perverse and against the evidence available on record ?

2. Whether Civil Suit filled by the plaintiff is barred by limitation ? "

Issue notice to the respondents on this appeal along with a copy of substantial questions of law, by ordinary mode as well as by registered post.

PF be paid within a week.

Also heard I.A. No.01 of 2025, application under Order 41 Rule 5 of CPC.

Issue notice to the respondents on I.A. No.01 of 2025, application under Order 41 Rule 5 of CPC, by ordinary as well as by registered post.

PF as above.

Meanwhile, purely as a interim measure, it is directed that effect and operation of impugned judgment and decree dated 05.11.2019 passed by 1 st Additional Judge to the Court of 1st Civil Judge Class-2, Raipur in Civil Suit No.23-A/2009 upheld by the First Appellate Court in Civil Appeal No.127-A/2019 vide judgment and decree dated 20.06.2025, shall remain stayed till next date of hearing subject to furnishing security of Rs.50,000/- to the satisfaction of the concerned Court/executing Court within a period of 30 days from today for due performance of the decree ultimately to be passed against the appellant.

Call for the record of the trial Court as well as First Appellate Court.

List this case after service of notice.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Ravi Mandavi